OSAGE — The Iowa Court of Appeals on Wednesday ordered that a Riceville man’s conviction on four counts of being a felon in possession of firearms be reversed and sent back to district court for dismissal.

Ted J. McPhail, 48, was found guilty by a Mitchell County jury in May 2012 after police discovered two revolvers, one rifle and ammunition at the residence of his girlfriend, Shannon Henaman, in Osage, where he regularly stayed, in November 2011.

He was sentenced to five years in prison on each count, with all the sentences to run concurrently.

In his appeal, McPhail argued it was not a crime under Iowa law for him to possess ammunition because he had not been convicted of domestic violence and was not subject to a domestic violence protective order.

He also contended the state offered insufficient evidence to prove he possessed the three guns.

The state conceded McPhail could not be convicted for his alleged possession of ammunition, but urged the appeals court to affirm the remaining firearm counts.

In its ruling, the appeals court stated it was reversing the convictions because the state’s proof fell short of showing McPhail had knowledge of the firearms or the right to exercise control over them.

(1) comment

Daveandrer

Surprise mommas boy got out of it.I hope he learned a lesson and grows up and gets a job instead of latching on his mommys and girlfriends nips. I doubt it tho as he has always been a loser since high school.

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